Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 323, 324, 307, 506, 149 -- Appeal against acquittal - Victim stated that mob came there with muffled faces and they caused injuries to him but due to darkness and muffled faces of assailants, he could not identify accused and also deposed that he knew all accused present in Court but none of..........
Indian Penal Code, 1860, Section 307, 326, 324, 34 -- Offence u/ss 307, 326, 324, 34 - Appreciation of evidence - Evidence on record shows that weapon used for committing offence not recovered or seized - As per evidence of PW2 (Doctor), no injury found to be more deep then soft tissue level - Moreover, evidence reveals that all injuries are simple in nature and no surgeon..........
Criminal Procedure Code, 1973, Section 360, Indian Penal Code, 1860, Section 307, 326, 324, 34 -- Probation - Accused `R' was 18 years of age at time of incident, therefore, trial Court committed no error in extending benefit of probation to accused `R' - Whereas other accused are concerned, they were not below 21 years of age at time of incident and after considering..........
Criminal Procedure Code, 1973, Section 320(4)(b), Indian Penal Code, 1860, Section 323, 324, 325 -- Compounding of offence - Death of grievously injured witness - Complainant and his three injured brothers have entered into compromise on behalf of deceased - Offences u/ss 323, 325 IPC are compoundable, thus complainant and his three brothers entitled to get benefit of..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 324 -- Compounding of offence - Offence u/s 324 IPC - Non-compoundable by virtue of Amendment Act of 2005 - Amendment not applicable to offence committed in 1998 - Accused acquitted in view of S.320(8) Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 324, 323, 341, 34 -- Quashing of FIR - Offence u/ss 324, 323, 341, 34 IPC - Compromise arrived at between parties in presence of respectable people of village - Alleged offences are not heinous offences showing extreme depravity nor they are against society - They are offences of personal..........
Indian Penal Code, 1860, Section 354, 324 -- Outraging modesty of woman - Eye witnesses of occurrence not supported prosecution case and denied their presence on the spot of occurrence - Whole testimony of complainant becomes vulnerable, when other witnesses not supported prosecution case - Prosecution failed to prove guilt of accused conclusively and beyond reasonable..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 452, 341, 323, 324, 325, 326, 307, 34 -- Framing of charges - Offence u/ss 452, 341, 323, 324, 325, 326, 307, 34 IPC - Trial Court did not made any endeavor to examine medical report while framing charge against accused - No reasons for framing charge against accused stated - Even prima facie..........
Indian Penal Code, 1860, Section 302, 324 -- Murder - Where clear ocular evidence is available on record, issues with regard to confession statement, recovery of weapons of assault need not be considered for corroboration...........
Indian Penal Code, 1860, Section 302, 324, Evidence Act, 1872, Section 3 -- Murder - Injury report of injured witness - Failure of prosecution to place injury report of witness from the Hospital, where he was first taken for treatment is lacuna, but cannot be held to be fatal as to doubt the entire prosecution case or shake the credibility of witness...........
